Can I resign if my visa is under extension

[monica15]

hi,

Currently my H1B visa is under extension (Initial Review). Can I quit my job right now and return back to my country?? Or will it create some problem while travelling back. I can plan to travel back on the my last working day.

[monica15]

hi,

Currently my H1B visa is under extension (Initial Review). Can I quit my job right now and return back to my country?? Or will it create some problem while travelling back. I can plan to travel back on the my last working day.

somebody please reply..its urgent

- - - Updated - - -

Please reply....its urgent
I have already submitted my resignation, now i realize it might pose a problem. Can somebody please help??

[hopee123]

Can I resign if my visa is under extension

If you quit, your company is entitled to inform US authorities that they are no longer going to sponcer your visa, so when ur coming back to US and incase your application moves from initial review to next stage they lł know that ur no longer with company and might reject ur visa, don't take risks better not travel!! When ur extension is in progress.. Just my advice. Good luck!!

[raghvi]

You can resign anytime, serve the contractual obligation (notice period etc.) , if any, and leave US. There is nothing preventing one from doing so.

Some things to take care while resigning, firstly, if one resigns while on H1, one should either convert/apply for another valid visa status before last day if one wants to stay in US OR plan to leave as soon as possible after last working day.
secondly, if one resigns, the H1 employer is not obligated to pay for your return ticket. Also, some countries require you to have a valid US visa if you are using them as transit to return to your home country from US. In that case you can always book the flight via an alternate transit airport which doesnt require a valid US visa. Read more at https://www.immihelp.com/foreign-tra...ia-usa-travel/

As for extension is concerned, in future the current employer or a new employer can port the h1(within next 6 Years) and file a petition as you are already cap counted in order to utilize the remaining H1 period.

This is my opinion not legal advice.

[monica15]

You can resign anytime, serve the contractual obligation (notice period etc.) , if any, and leave US. There is nothing preventing one from doing so.

Some things to take care while resigning, firstly, if one resigns while on H1, one should either convert/apply for another valid visa status before last day if one wants to stay in US OR plan to leave as soon as possible after last working day.
secondly, if one resigns, the H1 employer is not obligated to pay for your return ticket. Also, some countries require you to have a valid US visa if you are using them as transit to return to your home country from US. In that case you can always book the flight via an alternate transit airport which doesnt require a valid US visa. Read more at https://www.immihelp.com/foreign-tra...ia-usa-travel/

As for extension is concerned, in future the current employer or a new employer can port the h1(within next 6 Years) and file a petition as you are already cap counted in order to utilize the remaining H1 period.

This is my opinion not legal advice.

Thanks a lot for the answer. Just one more query. How many days can i stay in US after my last working day? Is it ok to travel the next day from my last working day?
Also, if i resign, my current employer can withdraw my extension application immediately after i resign? in that case, if i am serving the notice period, will i be counted as out of status for that duration? will that create any problem?

[raghvi]

Thanks a lot for the answer. Just one more query. How many days can i stay in US after my last working day? Is it ok to travel the next day from my last working day?
Also, if i resign, my current employer can withdraw my extension application immediately after i resign? in that case, if i am serving the notice period, will i be counted as out of status for that duration? will that create any problem?

While on H1 Each day after your last working day would be considered out of status. A day or two may not adversely affect you. Ideally the company would not withdraw the extension request till your last day after all arent you working for them even during the notice period? even for notice period , you would be getting paid, as long as you are getting paid and have a valid extension request for that notice period duration it should be fine.

This is my opinion not legal advice.

[monica15]

While on H1 Each day after your last working day would be considered out of status. A day or two may not adversely affect you. Ideally the company would not withdraw the extension request till your last day after all arent you working for them even during the notice period? even for notice period , you would be getting paid, as long as you are getting paid and have a valid extension request for that notice period duration it should be fine.

This is my opinion not legal advice.

Thanks a lot for the help